The touching of a person without their consent, done in an angry, rude or vengeful manner, can lead to a charge of assault & battery. In fact, even placing another person in fear of immediate harm without making physical contact can lead to an arrest for assault. If you find yourself in this situation, an experienced criminal defense attorney can help.
You have the right to fight these charges, and it may be possible to avoid a conviction or secure a reasonable plea offer. Achieving the best possible outcome starts with a discussion with a Fairfax assault lawyer.
Under Virginia law, a person can commit assault in one of two ways. Common law assault occurs when an assailant engages in an overt act intended to inflict bodily harm and has the present ability to inflict such harm or engages in an overt act intended to place the victim in fear or apprehension of bodily harm and creates such reasonable fear or apprehension in the victim. The second way is when an assailant acts in a manner intended to put the victim in reasonable fear or apprehension and causes the victim such reasonable fear or apprehension
An assault and assault & battery are treated as a Class 1 misdemeanor. This means a conviction can lead to up to 12 months in jail, a fine of up to $2,500, or a combination of the two.
Whether a defendant faces jail time relies on the extent of any physical injuries, the context of the confrontation, the location of the confrontation, and any other aggravating factors. As with any conviction, having a criminal record can have long-lasting consequences. This could include challenges, such as finding a job, obtaining a security clearance, facing a possible civil lawsuit, having a protective order entered against you, etc. An attorney in Fairfax could work to get the charges dismissed, helping you avoid a conviction and its associated penalties.
Understanding assault charges can be confusing since Virginia also recognizes a separate crime known as assault and battery. In most states, this crime is simply called battery and involves making physical contact with someone in an angry, offensive, or rude manner.
A person is guilty of this charge whether their actions resulted in a bodily injury or not. The contact also does not have to be directly from their body. For instance, touching someone with another object—like a stick—can also result in an arrest. This differs from simple assault, which does not require any physical contact at all.
A Fairfax lawyer could help you understand the differences between assault and battery and explain your specific charges.
Some assault cases are more serious than others. When certain factors are present, the prosecution can seek steeper penalties for this crime.
For example, a person may be charged with unlawful wounding, malicious wounding or aggravated malicious wounding if the accused caused serious bodily injury by stabbing, cutting, or using a weapon. Additionally, when the alleged victim is a police officer, firefighter, or emergency medical personnel, the accused could face additional penalties.
While there are different degrees of assault, they all carry serious consequences. The charge of aggravated malicious wounding carries a possible life sentence. Malicious wounding carries a sentencing range of 5 to 20 years, and unlawful wounding carries a sentence of 1 to 5 years. These are all felonies that can result in years behind bars and costly fines.
An experienced and dedicated lawyer in Fairfax could review the evidence against you and work to obtain a dismissal or reduce the charges you face.
If you have been charged with assault, now is the time to act. There are ways to challenge the state’s case, like arguing self-defense, mutual combat or highlighting any violations of your constitutional rights. Also, witnesses are normally present and must be interviewed as quickly as possible.
A Fairfax assault lawyer could review your case and help you understand your defense options. Reach out to us as soon as possible for a private consultation.
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